Loading...
HomeMy WebLinkAboutNo. 0737 designating SBCDA, declaring SBCDA to be blighted, approving development plan/conditions which relocation pmts. will be made, establishing allocation area for purposes of TIFH5O9691 RESOLUTION NO. 737 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DESIGNATING THE SOUTH BEND CENTRAL DEVELOPMENT AREA, DECLARING THE SOUTH BEND CENTRAL DEVELOPMENT AREA TO BE BLIGHTED, APPROVING A DEVELOPMENT PLAN AND CONDITIONS UNDER WHICH RELOCATION PAYMENTS WILL BE MADE, AND ESTABLISHING AN ALLOCATION AREA FOR PURPOSES OF TAX INCREMENTAL FINANCING. WHEREAS, the South Bend Redevelopment Commission k y� •if%p�.L 3 (Commission) is the governing board of the South Bend, Indiana, Department of Redevelopment (Department), and exists and operates under the provisions of Indiana Code 36- 7 -14 -1, et seq., as amended from time to time (Act) • and WHEREAS, the Commission by authority of the Act and former redevelopment law has previously found the following areas within the City of South Bend, St. Joseph County, Indiana (South Bend), to be blighted within the meaning of the Act and has adopted the following resolutions pursuant to the Act on the following dates: I. A. CENTRAL DOWNTOWN URBAN RENEWAL AREA (Original): Beginning at a point formed by the intersection of the north right -of -way line of LaSalle Avenue and the west right -of -way line of Main Street; thence south along the west right -of- way line of Main Street to the north right -of- way line of Washington Street; thence west along the north right -of -way line of Washington Street to the west right -of -way line of Lafayette Blvd.; thence south along the west right -of -way line of Lafayette Blvd., to the south right -of -way line of Jefferson Blvd.; thence east along the south right -of -way line of Jefferson Blvd., to the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the South right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street to the west right -of -way line of Fellows Street; thence south along the west >-M right -of -way line of Fellows Street to the rr,,.JC-' South right -of -way line of Monroe Street; c, thence east along the south right -of -way line':'` -' of Monroe Street and proceeding in a northeastly direction along said right -of -way line to the center of the St. Joseph River, T' thence proceeding in a northwesterly direction along the center of the St. Joseph River to the north right -of -way line of LaSalle Avenue; thence west along the north right -of -way line of LaSalle Avenue to the west right -of -way line of Main Street which is the point of beginning. C AL>r , 8 5 X9691 Declared by Resolution No. 215 on April 4, 1968; confirmed by Resolution No. 233 on October 10, 1968; amended by Resolution No. 456 on July 16, 1973; confirmed by Resolution No. 460 on August 3, 1973, amended by Resolution No. 522 on May 7, 1976; confirmed by Resolution No. 524 on June 4, 1976, amended by Resolution No. 540 on August 12, 1977; confirmed by Resolution No. 542 on October 21, 1977, amended by Resolution No. 550 on April 7, 1978; confirmed by Resolution No. 553 on June 2, 1978, amended by Resolution No. 615 on June 6, 1980; confirmed by Resolution No. 620 on July 25, 1980; amended by Resolution No. 621 on August 8, 1980; confirmed by Resolution No. 629 on November 21, 1980; amended by Resolution No. 668 on November 19, 1982; confirmed by Resolution No. 669 on January 14, 1983; amended by Resolution No. 690 on October 14, 1983, in which the Central Downtown Urban Renewal Area was expanded as follows: B. CENTRAL DOWNTOWN URBAN RENEWAL AREA (Expanded): Beginning at a point formed by the intersection of the north right -of -way line of LaSalle Avenue and the west right -of -way line of Main Street; thence south along the west right -of- way line of Main Street to the north right -of- way line of Washington Street; thence west along the north right -of -way line of Washington Street to the west right -of -way line of Lafayette Blvd.; thence south along the west right -of -way line of Lafayette Blvd. to the south right -of -way line of Jefferson Blvd.; thence east along the south right -of -way line of Jefferson Blvd. to the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street to the west right -of -way line of Fellows Street; thence south along the west right -of -way line of Fellows Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street and proceeding in a northeasterly direction along said right -of -way to the center of the St. Joseph River; thence proceeding in a northwesterly direction along the center of the St. Joseph River to a point 132 feet due north of the north right -of -way line of LaSalle Avenue; thence west to the west right -of -way line of Michigan Street; thence south along the west right -of -way line of -2- 5 h54?09691 Michigan Street to the north right -of -way line of LaSalle Avenue; thence west along the north right -of -way line of LaSalle Avenue to the west right -of -way line of Main Street which is the point of beginning; confirmed by Resolution No. 694 on January 13, 1984; amended by Resolution No. 729, on February 8, 1985, but Resolution No. 729 was rescinded by Resolution No. 735 on April 26, 1985. II. EAST BANK DEVELOPMENT AREA: Beginning at the point of intersection of the north right -of -way line of Sorin Street with the east right -of -way line of Niles Avenue; thence south along said east right -of -way line of Niles Avenue to the centerline of the first fourteen (14) foot alley lying north of Cedar Street and between Niles Avenue and Hill Street; thence east along said centerline to the centerline of Hill Street, a sixty -six (66) foot right -of -way; thence south along said Hill Street centerline to the centerline of Jefferson Blvd., an eighty -two and one -half (82.5) foot right -of -way; thence west along said Jefferson Blvd. centerline to the center of the St. Joseph River; thence in a northwesterly and northeasterly direction along the center of said river to its intersection with the projected north right -of -way line of Sorin Street; thence east along said projection and along said north right -of -way line to the east right -of -way line of Niles Avenue which is the place of beginning. Declared by Resolution No. 626 on October 3, 1980; confirmed by Resolution No. 630 on December 19, 1980; amended by Resolution No. 632 on January 16, 1981; confirmed by Resolution No. 634 on March 2, 1981; amended by Resolution No. 678 on March 11, 1983; confirmed by Resolution No. 679 on April 22, 1983; amended by Resolution No. 681 on June 10, 1983; confirmed by Resolution No. 684 on August 12, 1983; amended by Resolution No. 719 on October 12, 1984; confirmed by Resolution No. 723 on December 21, 1984. III. MONROE SAMPLE DEVELOPMENT AREA: Beginning at the intersection of the centerlines of Michigan Street and Monroe Street; thence east, along said Monroe Street centerline to the centerline of Lincolnway East; thence southeasterly along said centerline to its intersection with the centerline of State Road 23; thence southwesterly and westerly along said centerline (being, in part, also known as the centerline of Sample Street) to its intersection with the centerline of Michigan Street; thence north along said centerline to the place of beginning. Declared by Resolution No. 633 on February 2, 1981; -3- 'r X9691 confirmed and modified by Resolution No. 635 on March 20, and; 1981; amended by Resolution No. 636 on April 16, 1981; confirmed by Resolution No. 641 on June 12, 1981; amended by Resolution No. 648 on November 24, 1981; confirmed by Resolution No. 651 on February 5, 1982; amended by Resolution No. 682 on June 27, 1983; confirmed by Resolution No. 688 on August 26, 1983; WHEREAS, to assist in carrying out the Central Downtown Urban Renewal Area (Original) Urban Renewal Plan, the Commission and the City of South Bend (City) entered into an agreement (Agreement) IL with the United States Department of Housing and Urban Development (HUD) for financial assistance in acquisition and rehabilitation of the Central Downtown Urban Renewal Area (Original), through funding under Title I of the Housing Act of 1949, as amended, the project being Project Number R -66, South Bend, Indiana; and WHEREAS, the Commission and City executed a close out agreement with HUD on August 2, 1978, with complete close out effective August 18, 1978, for Project Number Indiana R -66, South Bend, Indiana, and with the following restrictions remaining on property acquired under Project R -66: (a) that proceeds from disposition of real estate acquired under that Agreement be treated as program income pursuant to 24 CFR Part 570; (b) that property be used in accordance with the Urban Renewal Plan; (c) that improvements be begun within a reasonable time; (d) that any proposed reconveyance of property be subject to public disclosure; and (e) that there be no discrimination on the basis of race, color, religion, sex or national origin, in the sale, lease, rental, use or occupancy of any property; and WHEREAS, acquisition of certain property within the Monroe Sample Development Area and the East Bank Development Area was carried out through the assistance of HUD from the proceeds of Section 108 Loans, received from HUD by the City pursuant to promissory notes executed on January 25, 1980, and December 21, -4- S509691 1983, and from the proceeds of Community Development Block Grant funds; and WHEREAS, activities funded in those areas with proceeds of Section 108 Loans are restricted to eligible activities under 24 CFR Part 570, subpart M, §570.701, and activities funded in those areas with proceeds of Community Development Block Grant and Section 108 Loan funds must comply with all requirements applicable to such activities under 24 CFR Part 570; and WHEREAS, the Department has conducted surveys and investigations and has thoroughly studied the Central Downtown Urban Renewal Area (Expanded), the Monroe Sample Development Area, and the East Bank Development Area, and the Commission finds that those areas remain blighted to the extent that such blighting conditions cannot be corrected by regulatory process or by the ordinary operations of private enterprise without resort to the provisions of the Act and that the pubic health and welfare would be benefited by the continued acquisition in and redevelopment of such areas under the provisions of the Act; and WHEREAS, the Department has conducted surveys and investigations and has thoroughly studied that area within South Bend hereby designated as Expansion Area No. 1, more particularly described as follows: and; Beginning at the point of intersection of the westerly projection of the north right -of -way line of Sorin Street with the centerline of the St. Joseph River; thence meandering northwes- terly along said centerline to the westerly projection of the south right -of -way line of Corby Street; thence east along said projection and the south right -of -way line of said Corby Street to the centerline of the first 14 foot alley lying west of Hill Street; thence south along said centerline to the north right -of -way line of Crescent Avenue; thence southeasterly to the point of intersection of the south right -of- way line of said Crescent Avenue with the centerline of the first 14 foot alley lying west of said Hill Street; thence southeasterly, southwesterly and south along the centerline of said alley to the centerline of the first 14 foot alley lying north of Cedar Street; thence west along said centerline to the east right -of -way line of Niles Avenue; thence north along said east right -of -way line to said north right -of -way line of Sorin Street; thence west along said north right -of -way line to the place of beginning; -5- I S5��9691 WHEREAS, upon such surveys, investigations, and studies being made, the Commission finds that the Expansion Area No. 1 has become blighted to an extent that such blighting conditions cannot be corrected by regulatory process or by the ordinary operations of private enterprise without resort to the provisions of the Act and that the public health and welfare would be benefited by the acquisition in and redevelopment of such area under the provisions of the Act; and WHEREAS, the Department has conducted surveys and investigations and has thoroughly studied that area in South Bend hereby designated as Expansion Area No. 2, more particularly described as follows: Beginning at the point of intersection of the IL centerline of Hill Street with the centerline of the first 14 foot alley lying north of Cedar Street; thence east along said centerline to the centerline of the first 14 foot alley lying east of Hill Street; thence south along said centerline to the south right -of -way line of Jefferson Boulevard; thence west along said south right -of -way line to the centerline of the St. Joseph River; thence northwesterly along said centerline to the centerline of Jefferson Boulevard; thence east along said centerline of Jefferson Boulevard to the centerline of Hill Street; thence north along said centerline of Hill Street to the place of beginning; and WHEREAS, upon such surveys, investigations and studies being made, the Commission finds the Expansion Area No. 2 has become blighted to an extent that such blighting conditions cannot be corrected by regulatory process or by the ordinary operations of private enterprise without resort to the provisions of the Act and that the public health and welfare would be benefited by the acquisition in and redevelopment of such area under the provisions of the Act; and WHEREAS, the Department has conducted studies and investigations and has thoroughly studied that area in South Bend hereby designated as Expansion Area No. 3, more particularly described as follows: IWW Beginning at the intersection of the centerline of Michigan Street with the south right -of -way line of Sample Street; thence north along said centerline of Michigan Street to the centerline -6- and 8509691 #23); thence east and northeasterly along said of said Sample Street (Indiana State Highway centerline to the centerline of Lincolnway East (U.S. Highway 433); thence northwesterly along said centerline to the westerly projection of the southerly right -of -way line of Monroe Street; thence northeasterly along said projection to the easterly right -of -way line of said Lincolnway East (U.S. Highway 433); thence southeasterly along said easterly right - of -way line to the south right -of -way line of Sample Street; thence west along said south right -of -way line to the place of beginning; WHEREAS, upon such surveys, investigations and studies being made, the Commission finds that the Expansion Area No. 3 has become blighted to an extent that such blighting conditions cannot be corrected by regulatory process or by the ordinary operations of private enterprise without resort to the provisions of the Act and that the public health and welfare would be benefited by the acquisition in and redevelopment of such area under the provisions of the Act; and WHEREAS, the Department has conducted surveys and investigations and has thoroughly studied that area in South Bend hereby designated as Expansion Area No. 4, more particularly described as follows: Beginning at the point of intersection of the south right -of -way line of Sample Street with the west right -of -way line of Michigan Street; thence north along said west right -of -way line of Michigan Street to its intersection with the northerly line of the Conrail Railroad (formerly Penn Central) right -of -way; thence northwesterly along said northerly railroad right -of -way line to its intersection with the southerly projection of the west right -of -way line of Taylor Street; thence north along said west right -of -way line to its intersection with the westerly projection of the north right -of -way line of Monroe Street; thence east along said projection and the north right -of -way line of said Monroe Street to its intersection with the southerly projection of the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said projection and the centerline of said 14 foot alley, in certain places being sometimes known as St. James Court, to the south right -of -way line of Washington Street; thence west along said south right -of -way line to the east right -of -way line of William Street; thence north along said east right -of -way line to the north right -of -way line of Colfax Avenue; thence east along said north right -of -way line to the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said EWE 1 and 85(.F9691 centerline to the north right -of -way line of LaSalle Street; thence east along said north right -of -way line to the west right -of -way line of Main Street; thence south along said west right -of way line to the north right -of -way line of West Washington Street; thence west along said north right -of -way line to the west right -of -way line of Lafayette Boulevard; thence south along said west right -of -way line to the south right -of -way line of Jefferson Boulevard; thence east along said south right -of -way line to said west right -of -way line of Main Street; thence south along said west right -of -way line to the south right -of -way line of Monroe Street; thence east along said south right -of -way line to the centerline of Michigan Street; thence south along said centerline to the south right -of- way line of Sample Street; thence west along said south right -of -way line to the place of beginning; WHEREAS, upon such surveys, investigations, and studies being made, the Commission finds that the Expansion Area No. 4 has become blighted to an extent that such blighting conditions cannot be corrected by regulatory process or by the ordinary operations of private enterprise without resort to the provisions of the Act and that the public health and welfare would be benefited by the acquistion in and redevelopment of such area under the provisions of the Act; and WHEREAS, the Commission finds that in order to facilitate and enhance the replanning, redevelopment, and disposition of property within the above described blighted areas in the manner that best serves the social and economic interest of South Bend and its inhabitants it is necessary and desirable to amend and merge the above described blighted areas for all purposes under the Act by expanding the boundaries of each described blighted area to make the boundaries of each area coterminous with the following described area within South Bend, which shall hereafter be referred to as the South Bend Central Development Area: Beginning at the point of intersection of the south right -of -way line of Sample Street with the west right -of -way line of Michigan Street; thence north along said west right -of -way line of Michigan Street to its intersection with the northerly line of the Conrail Railroad (formerly Penn Central) right -of -way; thence northwesterly along said northerly railroad right -of -way line to its insersection with the southerly projection of the west right -of -way line of Taylor Street; thence north along said west right -of -way line S -8- h and; 85019691 to its intersection with the westerly projection of the north right -of -way line of Monroe Street; thence east along said projection and the north right -of -way line of said Monroe Street to its intersection with the southerly projection of the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said projection and the centerline of said 14 foot alley to the south right -of -way line of Washington Street; thence west along said south right -of -way line to the east right -of -way line of William Street; thence north along said east right -of -way line to the north right -of -way line of Colfax Avenue; thence east along said north right -of -way line to the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said centerline, in certain places being sometimes known as St. James Court, to the north right -of -way line of LaSalle Street; thence east along said north right -of -way line to the west right -of -way line of Michigan Street; thence north along said west right -of -way line to the westerly projection of the north line of Lot 111 in the Original Plat to the Town, now City of South Bend; thence east along said projection, the north line of said Lot 111 and its easterly projection to the centerline of the St. Joseph River; thence meandering northeasterly and northwesterly along said centerline to the westerly projection of the south right -of -way line of Corby Street; thence east along said projection and the south right -of -way line of said Corby Street to the centerline of the first 14 foot alley lying west of Hill Street; thence south along said centerline to the north right -of -way line of Crescent Avenue; thence southeasterly to the point of intersection of the south right -of -way line of said Crescent Avenue with the centerline of the first 14 foot alley lying west of said Hill Street; thence southeasterly, southwesterly and south along the centerline of said alley to the centerline of the first 14 foot alley lying north of Cedar Street; thence east along said centerline to the centerline of the first 14 foot alley lying east of Hill Street; thence south along said centerline to the south right -of -way line of Jefferson Boulevard; thence west along said south right -of -way line to the centerline of the St. Joseph River; thence southeasterly along said centerline to the easterly projection of the southerly right -of -way line of Monroe Street; thence southwesterly along said projection and the southerly right -of -way line of Monroe Street to the easterly right -of -way line of Lincolnway East (U.S. Highway 433); thence southeasterly along said easterly right -of -way line to the south right -of -way line of Sample Street; thence west along said south right -of -way line to the place of beginning; WHEREAS, maps and plats have been prepared which show the boundaries of the South Bend Central Development Area, the location of the various parcels of property, streets, alleys, and other features affecting the acquisition, clearance, replatting, replanning, rezoning, or redevelopment of the South Bend Central Development Area, indicating any parcels of property to be excluded from acquisition and the parts of the area acquired that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes under the development plan for the area; and WHEREAS, lists have been prepared of owners of the various parcels of property proposed to be acquired within the South Bend Central Development Area, and separate appraisals have been made by at least two (2) independent appraisers of the fair value of the parcels proposed to be acquired; WHEREAS, there was presented to this meeting of the Commission for its consideration and approval a copy of the development plan for the South Bend Central Development Area, which plan is dated May 10, 1985, and is entitled South Bend Central Development Area Development Plan, South Bend, Indiana (Plan); WHEREAS, the Plan and the conditions under which the Commission will make relocation payments have been reviewed and considered by the Commission, and the South Bend Central Relocation Policy has been developed by the Commission to address relocation needs for the South Bend Central Development Area; WHEREAS, the development plans for the Monroe Sample Development Area, the East Bank Development Area, and the Central Downtown Urban Renewal Area all need to be amended, merged into and superceded by the Plan; and WHEREAS, Title VI of the Civil Rights Act of 1964, as amended, and HUD regulations effectuating that title provide that no persons shall on the grounds of race, age, sex, color or national origin be excluded from participation in, be denied the benefits of, or be subject to discrimination in the undertaking or carrying out of any federally assisted project; WHEREAS, the Commission by Resolution No. 632 adopted on January 16, 1981 and by Resolution No. 634 adopted on March 2, 1981 established the East Bank Development Allocation Area (South Bend Allocation Area No. 2); and WHEREAS, Resolution No. 632 contained an error as to the effective allocation year and base assessment for property taxes -10- '4509691 collected on property in the East Bank Development Allocation Area (South Bend Allocation Area No. 2) and base assessment date for such Allocation Area, being 1980 and March 1, 1980, respectively; and WHEREAS, Resolution Nos. 690 and 694 which established the Central Downtown Urban Renewal Allocation Area No. 1 (Allocation Area No. 1), Parcel Two, provided that the allocation provision for property taxes levied in 1983 and thereafter applied to taxes on both real property imposed under IC 6 -1.1 and on depreciable personal property that has a useful life in excess of eight years, as determined by the state board of tax commissioners under IC 6 -1.1; and WHEREAS, the Commission now determines that the allocation provision in Resolution No. 690 should apply only to taxes on real property imposed under IC 6 -1.1 and should not apply to taxes on depreciable personal property that has a useful life in excess of eight years as determined by state board of tax commissioners under IC 6 -1.1. NOW, THERFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, as follows: 1. The Expansion Area No. 1, described in the eighth Whereas clause above, is blighted and constitutes a menace to the social and economic interest of South Bend and its inhabitants, and it will be of public utility and benefit to acquire the area and redevelop it under the Act. 2. The Expansion Area No. 2, described in the tenth Whereas clause above, is blighted and constitutes a menace to the social and economic interest of South Bend and its inhabitants, and it will be of public utility and benefit to acquire the area and redevelop it under the Act. 3. The Expansion Area No. 3, described in the twelfth Whereas clause above, is blighted and constitutes a menace to the social and economic interest of South Bend and its inhabitants, and it will be of public utility and benefit to acquire the area and redevelop it under the Act. 4. The Expansion Area No. 4, described in the fourteenth Whereas clause above, is blighted and constitutes a menace to the -11- '4509691 social and economic interest of South Bend and its inhabitants, and it will be of public utility and benefit to acquire the area and redevelop it under the Act. 5. The Central Downtown Urban Renewal Area (Expanded), the East Bank Development Area, and the Monroe Sample Development Area, each described in the second Whereas clause above, each continues to be blighted and continues to constitute a menace to the social and economic interest of South Bend and its inhabitants, and it will continue to be of public utility and benefit to continue to acquire the areas and redevelop them under the Act. 6. In order to facilitate and enhance the replanning, redevelopment, and disposition of property within the above described blighted areas in the manner that best serves the social and economic interests of South Bend and its inhabitants, each of the seven (7) blighted areas described in Paragraphs 1, 2 3, 4 and 5 above shall be and hereby is amended and merged for all purposes under the Act by expanding the boundaries of each area to make the boundaries of each area coterminous with the boundaries of the area described below and hereinafter referred to as the South Bend Central Development Area: Beginning at the point of intersection of the south right -of -way line of Sample Street with the west right -of -way line of Michigan Street; thence north along said west right -of -way line of Michigan Street to its intersection with the northerly line of the Conrail Railroad (formerly Penn Central) right -of -way; thence northwesterly along said northerly railroad right -of -way line to its insersection with the southerly projection of the west right -of -way line of Taylor Street; thence north along said west right -of -way line to its intersection with the westerly projection of the north right -of -way line of Monroe Street; thence east along said projection and the north right -of -way line of said Monroe Street to its intersection with the southerly projection of the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said projection and the centerline of said 14 foot alley to the south right -of -way line of Washington Street; thence west along said south right -of -way line to the east right -of -way line of William Street; thence north along said east right -of -way line to the north right -of -way line of Colfax Avenue; thence east along said north right -of -way line to the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said centerline, in certain places being sometimes known as St. James Court, to the north right -of -way line of -12- and 850 -9691 LaSalle Street; thence east along said north right -of -way line to the west right -of -way line of Michigan Street; thence north along said west right -of -way line to the westerly projection of the north line of Lot 111 in the Original Plat to the Town, now City of South Bend; thence east along said projection, the north line of said Lot 111 and its easterly projection to the centerline of the St. Joseph River; thence meandering northeasterly and northwesterly along said centerline to the westerly projection of the south right -of -way line of Corby Street; thence east along said projection and the south right -of -way line of said Corby Street to the centerline of the first 14 foot alley lying west of Hill Street; thence south along said centerline to the north right -of -way line of Crescent Avenue; thence southeasterly to the point of intersection of the south right -of -way line of said Crescent Avenue with the centerline of the first 14 foot alley lying west of said Hill Street; thence southeasterly, southwesterly and south along the centerline of said alley to the centerline of the first 14 foot alley lying north of Cedar Street; thence east along said centerline to the centerline of the first 14 foot alley lying east of Hill Street; thence south along said centerline to the south right -of -way line of Jefferson Boulevard; thence west along said south right -of -way line to the centerline of the St. Joseph River; thence southeasterly along said centerline to the easterly projection of the southerly right -of -way line of Monroe Street; thence southwesterly along said projection and the southerly right -of -way line of Monroe Street to the easterly right -of -way line of Lincolnway East (U.S. Highway #33); thence southeasterly along said easterly right -of -way line to the south right -of -way line of Sample Street; thence west along said south right -of -way line to the place of beginning; 7. The Plan, attached hereto and incorporated herein, is hereby adopted as the plan for the redevelopment of the South Bend Central Development Area (Area). 8. The development plans for the Central Downtown Urban Renewal Area, the East Bank Development Area, and the Monroe Sample Development Area shall be and hereby are amended by, merged into, and superceded by the adoption of the Plan. 9. The previously prepared maps and plats showing the boundaries of the Area, the location of the various parcels of property, streets, alleys, and other features affecting the acquisition, clearance, replatting, replanning, rezoning, or are to be devoted to public ways, levees, sewerage, parks, -1 3- redevelopment of the Area, indicating any parcels of property to be excluded from acquisition and the parts of the Area acquired that are to be devoted to public ways, levees, sewerage, parks, -1 3- y 8509691 playgrounds, and other public purposes under the Plan are hereby approved. 10. The previously prepared lists of owners of the various parcels of property proposed to be acquired within the Area are hereby approved. 11. The estimated cost of acquiring property within the Area, as determined by taking the average of the two separate appraisals made by independent appraisers, is $794,541.50. 12. In determining the location and extent of the Area proposed to be acquired for redevelopment, the Commission has given consideration to transitional and permanent provisions for adequate housing for the residents of the Area who will be displaced by this redevelopment project, and the Commission hereby adopts the South Bend Central Relocation Policy, which shall supercede the East Bank Relocation Policy, adopted by the Commission on December 15, 1983, and the Monroe Sample Relocation Policy, adopted by the Commission on April 16, 1981. 13. The Commission finds that the objectives of the Plan cannot be achieved through more extensive rehabilitation of the Area. 14. The Plan is in all respects approved, and the Secretary is directed to file a certified copy of the Plan with the minutes of this meeting. 15. For purposes of the allocation provisions of the Act, and as authorized by IC 36- 7 -14 -39 and its predecessor, IC 18 -7 -7 -39.1, the following allocation areas are among those which the Commission has established, with the following relevant assessment date for allocation purposes and the following special fund established for each of those allocation areas: A. Central Downtown Urban Renewal Allocation Area No. 1 (Allocation Area No. 1.); South Bend Department of Redevelopment Downtown Urban Renewal Allocation Area No. 1 Special Fund: -14- Parcel One: established by Resolution No. 615 on June 6, 1980; base assessment date, March 1, 1980: -14- 850�9691 Beginning at a point formed by the intersection of the north right -of -way line of Colfax Avenue and the west right -of -way line of Michigan Street; thence south along the west right -of- way line of Michigan Street to the north right -of -way line of Washington Street; thence west along the north right -of -way line of Washington Street to the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the south right -of -way line of Wayne Street; thence east along the south right -of -way line of Wayne Street to the east right -of -way line of St. Joseph Street; thence north and northwesterly along the east right -of -way line of St. Joseph Street to the north right -of -way line of Colfax Avenue; thence west along the north right -of- way line of Colfax Avenue to the west right -of -way line of Michigan Street which is the point of beginning. Parcel Two: established by Resolution No. 690 on October 14, 1983; base assessment date, March 1, 1983; All property (both real and depreciable personal property that has a useful life in excess of eight years as determined by the State Board of Tax Commissioners), located within the boundaries of the following described area excepting therefrom the property described in Parcel One, above: Beginning at a point formed by the intersection of the north right -of -way line of LaSalle Avenue and the west right -of -way line of Main Street; thence south along the west right -of- way line of Main Street to the north right -of- way line of Washington Street; thence west along the north right -of -way line of Washington Street to the west right -of -way line of Lafayette Blvd.; thence south along the west right -of -way line of Lafayette Blvd. to the south right -of -way line of Jefferson Blvd.; thence east along the south right -of -way line of Jefferson Blvd. to the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street to the west right -of -way line of Fellows Street; thence south along the west right -of -way line of Fellows Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street and proceeding in a northeasterly direction along said right -of -way to the center of the St. Joseph River; thence proceeding in a northwesterly direction along the center of the St. Joseph River to a point 132 feet due north of the north right -of -way line of LaSalle Avenue; thence west to the west right -of -way line of Michigan Street; thence south along the west right -of -way line of Michigan Street to the north right -of -way line of LaSalle Avenue; thence west along the north right -of -way line of LaSalle Avenue to the west right -of -way line of Main Street which is the point of beginning. SMI S511.�9691 B. East Bank Development Allocation Area (South Bend Allocation Area No. 2): established by Resolution No. 632 on January 16, 1981; base assessment date March 1, 1980; South Bend Department of Redevelopment East Bank Development Allocation Area (Allocation Area No. 2) Special Fund: Beginning at the point of intersection of the north right -of -way line of Sorin Street with the east right -of -way line of Niles Avenue; thence south along said east right -of -way line of Niles Avenue to the center line of the first fourteen (14) foot alley lying north of Cedar Street and between Niles Avenue and Hill Street; thence east along said centerline to the centerline of Hill Street, a sixty -six (66) foot right -of -way; thence south along said Hill Street centerline to the centerline of Jefferson Blvd., an eighty -two and one -half (82.5) foot right -of -way; thence west along said Jefferson Blvd. centerline to the center of the St. Joseph River; thence in a northwesterly and northeasterly direction along the center of said river to its intersection with the projected north right -of -way line of Sorin Street; thence east along said projection and along said north right -of -way line to the east right -of -way line of Niles Avenue which is the place of beginning. C. Monroe Sample Development Allocation Area (South Bend Allocation Area No. 3): established by Resolution No. 633 on February 2, 1981; base assessment date March 1, 1981; South Bend Department of Redevelopment Monroe Sample Development Allocation Area (South Bend Allocation Area No. 3) Special Fund: Beginning at the intersection of the centerlines of Michigan Street and Monroe Street; thence east, along said Monroe Street centerline to the centerline of Lincolnway East; thence south- easterly along said centerline to its intersec- tion with the centerline of State Road 23; thence southwesterly and westerly along said centerline (being, in part, also known as the centerline of Sample Street) to its intersection with the centerline of Michigan Street; thence north along said centerline to the place of beginning. 16. The effective allocation year for property taxes collected on property in the East Bank Development Allocation Area (South Bend Allocation Area No. 2) and base assessment date for such Allocation Area shall be 1981 and March 1, 1981, respectively. follows: 17. Paragraph 8 of Resolution 690 is amended to read as -16- 85109691 "8.) Property taxes referred to herein shall mean taxes imposed under IC 6 -1.1 on real property." 18. For purposes of the allocation provisions of the Act, as authorized by IC 36- 7- 14 -39, the following parcels, each contiguous to at least one of the allocation areas described above, shall be designated South Bend Allocation Area No. 5: A. South Bend Allocation Area No. 5, Parcel One: Beginning at the point of intersection of the westerly projection of the north right -of -way line of Sorin Street with the centerline of the St. Joseph River; thence meandering northwes- terly along said centerline to the westerly projection of the south right -of -way line of Corby Street; thence east along said projection and the south right -of -way line of said Corby Street to the centerline of the first 14 foot alley lying west of Hill Street; thence south along said centerline to the north right -of -way line of Crescent Avenue; thence southeasterly to the point of intersection of the south right -of- way line of said Crescent Avenue with the centerline of the first 14 foot alley lying west of said Hill Street; thence southeasterly, southwesterly and south along the centerline of said alley to the centerline of the first 14 foot alley lying north of Cedar Street; thence west along said centerline to the east right -of -way line of Niles Avenue; thence north along said east right -of -way line to said north right -of -way line of Sorin Street; thence west along said north right -of -way line to the place of beginning; B. South Bend Allocation Area No. 5, Parcel Two: Beginning at the point of intersection of the centerline of Hill Street with the centerline of the first 14 foot alley lying north of Cedar Street; thence east along said centerline to the centerline of the first 14 foot alley lying east of Hill Street; thence south along said centerline to the south right -of -way line of Jefferson Boulevard; thence west along said south right -of -way line to the centerline of the St. Joseph River; thence northwesterly along said centerline to the centerline of Jefferson Boulevard; thence east along said centerline of Jefferson Boulevard to the centerline of Hill Street; thence north along said centerline of Hill Street to the place of beginning; C. South Bend Allocation Area No. 5, Parcel Three: Beginning at the intersection of the centerline of Michigan Street with the south right -of -way line of Sample Street; thence north along said centerline of Michigan Street to the centerline of said Sample Street (Indiana State Highway 423); thence east and northeasterly along said centerline to the centerline of Lincolnway East (U.S. Highway 433); thence northwesterly along said centerline to the westerly projection of the southerly right -of -way line of Monroe Street; thence northeasterly along said -17- 85'.x9691 projection to the easterly right -of -way line of said Lincolnway East (U.S. Highway 433); thence southeasterly along said easterly right - of -way line to the south right -of -way line of Sample Street; thence west along said south right -of -way line to the place of beginning; D. South Bend Allocation Area No. 5, Parcel Four: Beginning at the point of intersection of the south right -of -way line of Sample Street with the west right -of -way line of Michigan Street; thence north along said west right -of -way line of Michigan Street to its intersection with the northerly line of the Conrail Railroad (formerly Penn Central) right -of -way; thence northwesterly along said northerly railroad right -of -way line to its intersection with the southerly projection of the west right -of -way line of Taylor Street; thence north along said west right -of -way line to its intersection with the westerly projection of the north right -of -way line of Monroe Street; thence east along said projection and the north right -of -way line of said Monroe Street to its intersection with the southerly projection of the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said projection and the centerline of said 14 foot alley, in certain places being sometimes known as St. James Court, to the south right -of -way line of Washington Street; thence west along said south right -of -way line to the east right -of -way line of William Street; thence north along said east right -of -way line to the north right -of -way line of Colfax Avenue; thence east along said north right -of -way line to the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said centerline to the north right -of -way line of LaSalle Street; thence east along said north right -of -way line to the west right -of -way line of Main Street; thence south along said west right -of way line to the north right -of -way line of West Washington Street; thence west along said north right -of -way line to the west right -of -way line of Lafayette Boulevard; thence south along said west right -of -way line to the south right -of- way.line of Jefferson Boulevard; thence east along said south right -of -way line to said west right -of -way line of Main Street; thence south along said west right -of -way line to the south right -of -way line of Monroe Street; thence east along said south right -of -way line to the centerline of Michigan Street; thence south along said centerline to the south right -of -way line of Sample Street; thence west along said south right -of -way line to the place of beginning. 19. Any taxes levied on real property imposed under IC 6 -1.1 in South Bend Allocation Area No. 5 in 1985, for collection in 1986 and thereafter, except as hereinafter provided, for the benefit of any public body entitled to a distribution thereof, shall be allocated and distributed as provided in the allocation and 5= 851%)9691 distribution provisions of the Act, and more particularly as follows: (a) The proceeds of the taxes attributable to the lesser of: (1) the assessed value of the property for the assessment date with respect to which the allocation and distribution is made; or (2) the assessed value of all of the property as finally determined for the assessment date immediately preceeding the effective date of these allocation provisions, which assessment date is March 1, 1985, shall be allocated to, and when collected shall be paid into the funds of the respective taxing units entitled to a distribution of such taxes. (b) The property tax proceeds in excess of those described in subdivision (a) above, shall be allocated to the South Bend redevelopment district and, when collected, paid into a special fund hereinafter created in paragraph 23, and used for the purposes permitted in paragraph 24 and by the Act. 20. In order to facilitate and enhance the replanning, redevelopment, and disposal of property within the Area in the manner that best serves the social and economic interest of South Bend and its inhabitants, each of the allocation areas described above in paragraphs 15A, 15B, 15C, 18A, 18B, 18C, and 18D shall be and hereby is amended and merged for all purposes under the Act by expanding the boundaries of each area to make the boundaries of each area coterminous with the boundaries of the South Bend Central Allocation Area (South Bend Allocation Area No. 1A), hereby established, which boundaries shall be as follows: Beginning at the point of intersection of the south right -of -way line of Sample Street with the west right -of -way line of Michigan Street; thence north along said west right -of -way line of Michigan Street to its intersection with the northerly line of the Conrail Railroad (formerly Penn Central) right -of -way; thence northwesterly along said northerly railroad right -of -way line -19- ? 5� , 9694 1 to its insersection with the southerly projection of the west right -of -way line of Taylor Street; thence north along said west right -of -way line to rw its intersection with the westerly projection of the north right -of -way line of Monroe Street; thence east along said projection and the north right -of -way line of said Monroe Street to its intersection with the southerly projection of the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said projection and the centerline of said 14 foot alley to the south right -of -way line of Washington Street; thence west along said south right -of -way line to the east right -of -way line of William Street; thence north along said east right -of -way line to the north right -of -way line of Colfax Avenue; thence east along said north right -of -way line to the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said centerline, in certain places being sometimes known as St. James Court, to the north right -of -way line of LaSalle Street; thence east along said north right -of -way line to the west right -of -way line of Michigan Street; and thence north along said west right -of -way line to the westerly projection of the north line of Lot 111 in the Original Plat to the Town, now City of South Bend; thence east along said projection, the north line of said Lot 111 and its easterly projection to the centerline of the St. Joseph River; thence meandering northeasterly and northwesterly along said centerline to the westerly projection of the south right -of -way line of Corby Street; thence east along said projection and the south right -of -way line of said Corby Street to the centerline of the first 14 foot alley lying west of Hill Street; thence south along said centerline to the north right -of -way line of Crescent Avenue; thence southeasterly to the point of intersection of the south right -of -way line of said Crescent Avenue with the centerline of the first 14 foot alley lying west of said Hill Street; thence southeasterly, southwesterly and south along the centerline of said alley to the centerline of the first 14 foot alley lying north of Cedar Street; thence east along said centerline to the centerline of the first 14 foot alley lying east of Hill Street; thence south along said centerline to the south right -of -way line of Jefferson Boulevard; thence west along said south right -of -way line to the centerline of the St. Joseph River; thence southeasterly along said centerline to the easterly projection of the southerly right -of -way line of Monroe Street; thence southwesterly along said projection and the southerly right -of -way line of Monroe Street to the easterly right -of -way line of Lincolnway East (U.S. Highway #33); thence southeasterly along said easterly right -of -way line to the south right -of -way line of Sample Street; thence west along said south right -of -way line to the place of beginning; 21. The following areas formerly designated as allocation areas shall hereinafter be designated as parcels within the South Bend Central Allocation Area (South Bend Allocation Area No. 1A) -20- s 5'..� 9691 with base assessment dates for allocation purposes remaining as follows: Parcel 1: The area described in paragraph 15A as Central Downtown Urban Renewal Allocation Area No. 1 (Allocation Area No. 1) Parcel One, base assessment date March 1, 1980; Parcel 2: The area described in paragraph 15A as Central Downtown Urban Renewal Allocation Area No. 1 (Allocation Area No. 1), Parcel Two, base assessment date March 1, 1983; Parcel 3: The area described in paragraph 15B as East Bank Development Allocation Area (South Bend Allocation Area No. 2); base assessment date March 1, 1981; Parcel 4: The area described in paragraph 15C as Monroe Sample Development Allocation Area (South Bend Allocation Area No. 3); base assessment date March 1, 1981; Parcel 5: The area described in paragraph 18A as South Bend Allocation Area No. 5, Parcel One; base assessment date March 1, 1985; Parcel 6: The area described in paragraph 18B as South Bend Allocation Area No. 5, Parcel Two; base assessment date March 1, 1985; Parcel 7: The area described in paragraph 18C as South Bend Allocation Area No. 5, Parcel Three; base assessment date March 1, 1985; Parcel 8: The area described in paragraph 18D as South Bend Allocation Area No. 5, Parcel Four; base assessment date March 1 , 1985; 22. Nothing herein shall be construed to change the base assessment date for the allocation provisions for each parcel within South Bend Central Allocation Area (South Bend Allocation Area No. 1A), as stated in paragraph 21, above. 23. The special funds created by Resolutions No. 615 and 690 (South Bend Department of Redevelopment Downtown Urban Renewal Allocation Area No. 1 Special Fund), by Resolution No. 632 (South Bend Department of Redevelopment East Bank Development Allocation Area (Allocation Area No. 2) Special Fund), and by Resolution No. 633 (South Bend Department of Redevelopment Monroe Sample -21- 14509G91 Development Allocation Area (South Bend Allocation Area No. 3) Special Fund) shall be and hereby are merged for purposes of the Act and this Resolution into a special fund, hereby created, for the South Bend Central Allocation Area to be known as South Bend Central Allocation Area (South Bend Allocation Area No. 1A) Special Fund (Special Fund). 24. With regard to taxes levied on property in the South Bend Central Allocation Area (South Bend Allocation Area No. 1A), property tax proceeds in excess of those attributable to the lesser of: (a) the assessed value of the property for the assessment date with respect to which the allocation and distribution is made; or (b) the assessed value of all property as finally determined for the assessment date immediately preceeding the effective date (as listed in paragraph 21, above) of the allocation provisions of the pertinent declaratory resolutions establishing the former allocation areas, now individual parcels within South Bend Central Allocation Area (South Bend Allocation Area No. 1A), shall be allocated to the South Bend redevelopment district and, when collected, paid into the Special Fund, that may be used by the Commission only to: (A) pay the principal of and interest on any obligations payable solely from allocated tax proceeds which are incurred by the redevelopment district for the purpose of financing or refinancing the redevelopment of that allocation area; (B) restore the debt service reserve for bonds payable solely or in part from allocated tax proceeds in that allocation area; (C) pay the principal of and interest on bonds payable from allocated tax proceeds in that allocation area and from the special tax levied under IC 36- 7- 14 -27; (D) pay the principal of and interest on bonds issued by the City to pay for local public improvements within the -22- �c x.9691_ allocation area, to reimburse the City for expenditures made by the City for local public improvements (which include buildings, parking facilities, and other items described in IC 36- 7- 14- 25.1(a)) within that allocation area, or for rentals paid by the City for a building or parking facility within that allocation area under any lease entered into under IC 36 -1 -10; provided however, that if future uses of property tax proceeds allocated to the Special Fund are authorized or permitted by amendment to the Act, including IC 36- 7- 14 -39, after the effective date of this resolution, those uses shall also be authorized or permitted for property tax proceeds allocated to the Special Fund. 25. Inasmuch as a portion of the South Bend Central Allocation Area (South Bend Allocation Area No. 1A) is located within an enterprise zone created under IC 4- 4 -6.1, when the money in the Special Fund is sufficient to pay when due all principal of and interest on bonds described in subdivisions (A), (C) and (D) of paragraph 24 and is not needed for other purposes described in sub - divisions (B) and (D) of paragraph 24 or as permitted by amendments to the Act, including IC 36- 7- 14 -39, the excess in the Special Fund shall be paid to the City for uses permitted by IC 36- 7- 14- 39(g) . 26. When the funds are no longer needed for purposes permitted in Paragraphs 24 and 25 above, money in the Special Fund in excess of that amount shall be paid to the respective taxing units in the manner prescribed by IC 36- 7- 14- 39(b)(1). 27. The Secretary is directed to file certified copies of this resolution with the St. Joseph County Auditor and the Portage Township Assessor. 28. The United States and HUD are assured of full compliance by the Commission and the Department with HUD regulations effectuating Title VI of the Civil Rights Act of 1964, as amended. 29. This resolution, together with supporting data, shall be submitted to the Area Plan Commission of St. Joseph County and the Common Council of the City, as provided by IC 36- 7- 14 -16, for their approval of the resolution and Plan, and if approved by both -23- t f S5(10691 bodies, the resolution and Plan shall be submitted to public hearing and remonstrance as provided by IC 36- 7- 14 -17, after public notice in accordance with IC 36- 7 -14 -17 and IC 5 -3 -1. 30. All orders or resolutions in conflict herewith are hereby rescinded, revoked, and repealed insofar as such conflict exists. 31. This resolution does not affect any rights or liabilities accrued, penalties incurred, offense committed, or proceedings begun before the effective date of this resolution. Those rights, liabilities, penalties, and proceedings continue and shall be imposed and enforced under superceded resolutions as if this resolution had not been enacted. Adopted at a meeting of the South Bend Redevelopment Commission held on May 10, 1985, at the office of the Commission, 1200 County -City Bldg, 227 W. Jefferson Blvd., South Bend, IN 46601. CITY OF SOUTH BEND, INDIANA DEPARTMENT OF REDEVELOPMENT <jRESIDENT, SOUTH BEND` EVELOPMENT N ATTEST: S ECRETAR _ �> .-SOUTH BENV REDEVELOPMENT COMMISSION -24- 8509691 South Bend Central Relocation Policy South Bend, Indiana The purpose of this statement is to set forth relocation P olicies, procedures and requirements concerning relocation benefits and services provided to persons and businesses displaced as a result of activities in the South Bend Central Development Area project. For purposes of this policy, displaced persons or businesses are defined -at 24CFR 42.49. Relocation policies and procedures adopted by the'South Bend Redevelopment Commission are subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). This relocation policy supplements the Uniform Act, which provides for a number of types of relocation payments, and will extend additional assistance to persons and businesses. I. Relocation Assistance Services A. General. The Department of Redevelopment will assist in relocating displaced families and individuals in purchasing or renting a comparable dwelling of their choice (within their financial means) which is decent, safe, and sanitary. The Department will, to the extent possible, locate displaced persons in the neighborhood of their choice, which is reasonably accessible to their place of employment or potential place of employment. The Department will also assist any person displaced from his business or farm operation to obtain and become established in a suitable replacement location, to the extent possible. B. Services to be provided 1. Information concerning the availability of relocation payments and assistance as well as the requirements and procedures for obtaining those payments will be provided to all displaced persons and businesses who wish to be relocated. 2. Personal interviews will be conducted to s determine the relocation needs and preferences of displaced persons and businesses, to further explain those relocation payments and other assistance for which they may be eligible, and the procedures for obtaining such payments and assistance. These interviews will be conducted, to the extent possible, at a reasonable time convenient to the displaced person or business. -I- * 'P 5-1 O -RI-> 85(.9691 3. Current information on the availability, Y� E location, purchase price, and rental costs of comparable replacement commercial properties shall be provided to displaced businesses.''. 4. Current information on the availability, location, purchase price, and rental costs of comparable replacement dwellings shall be provided to displaced persons. The Department will provide information as to the criteria for a comparable replacement dwelling and the estimated purchase price or rental cost to be used as the basis for establishing the upper limit of the replacement housing payment. 5. Inspections will be performed by the Department or its representative to ensure that the housing meets the requirements of being decent, safe, and sanitary as described at 24CFR 42.47. 6. Counseling and referral services will be provided with regard to housing, financing, employment, health, welfare and other assistance to minimize hardship. 7. Relocation assistance payments will be applied to the purchase or rental of a comparable replacement dwelling, to moving expenses, to bringing a purchased dwelling up to local, state and federal codes and towards miscellaneous costs eligible under the Uniform Act. Relocation services shall be carried out in a manner that will promote maximum choice within the community's total housing supply. Services shall be provided to assure that the relocation process will not result in different or separate treatment on account of race, color, religion, sex, national origin or source of income. Any person having a grievance resulting from alleged discrimination, violation of federal, state or city codes and laws may follow grievance procedures established by both federal and state law by contacting Legal Services of Northern Indiana, the South Bend Human Rights Commission, or the United States Department of Housing and Urban Development (Indianapolis office). Further information on the subject of grievances and equal opportunity is available at the City of South Bend, Department of Redevelopment office, 1200 County -City Building, South Bend, phone 284 -9371. -2- 5 -10 -85 ti 5509691 II. Types of Relocation Assistance Payments and Eligibility Requirements A. Residential Relocation - Replacement Housing Payment 1. Persons who are titled owners and have owned and occupied their home for at least 180 days prior to receiving a written offer to purchase from the Department of Redevelopment may be eligible for either a replacement housing payment for homeowners in an amount not to exceed $15,000 or a rental assistance payment of up to $4,000. Such persons are also eligible for payment for moving expenses. 2. Persons who are titled owners and have owned and occupied their home for less than 180 days but more than 90 days prior to receiving a written offer to purchase from the Department may be eligible for a rental assistance payment or a downpayment assistance payment in an amount up to $4,000. Such persons are also eligible for payment for moving expenses. 3. Persons who are purchasing by conditional sales agreement (land contract), have recorded the contract with the St. Joseph County Recorder or can provide physical evidence of such contract, and have occupied their home for more than 180 days before receiving a written offer to purchase from the Department will be entitled to relocation assistance as a displaced homeowner, in amounts and manner described in Paragraph II A above. Such persons are also eligible for payment for moving expenses. 4. Tenants who have occupied the dwelling for at least 90 days prior to the effective date of "Notice of Displacement" may be eligible for a rental assistance payment or a downpayment assistance payment of up to $4,000. Such persons are also eligible for payment for moving expenses. In order to receive assistance, a separate, identifiable tenancy must exist. If a tenant selects a downpayment assistance payment, the Department of Redevelopment will waive the 50% matching requirement on the part of the individual as outlined in the Uniform Act,''.. but the maximum payment will be $4,000. -3- 5 -10 -85 8509691 5. Certain incidental expenses may be included in computing the Replacement Housing Payment but do not increase the maximum allowable amount. These include: a. Typical closing costs on the replacement home b. Such other costs as the Department determines to be incidental to the purchase. 6. Relocation assistance payments can be applied to bringing a purchased replacement dwelling up to local, state and federal codes. In order to implement this policy in a uniform manner, the following procedures must be followed: a. The displaced person selects replacement dwelling and Department of Redevelopment has the home inspected by the Neighborhood Code Enforcement office. b. All code violations are brought to the attention of the displaced person. C. Displaced person obtains a minimum of two proposals for necessary repair work. d. Department of authorization into contract lowest propos, a time period not to exceed Redevelopment provides written to displaced person to enter with contractor submitting the al. This contract shall specify for completion of all work - 60 days. e. Amount of contract is used in determining the replacement housing payment. f. Replacement housing payment is made for all costs except work under contract. g. Work is done by contractor. h. Inspection is made by Neighborhood Code Enforcement office to assure Department of Redevelopment that work has been completed to I code requirements. �✓ i. Remainder of replacement housing payment for contract work is made to displaced person by joint check with contractor. -4- 5 -10 -85 Y B. Business Relocation 85()9691 Displaced businesses purchasing a replacement building within the City of South Bend will be eligible for a payment to cover costs associated with bringing the replacement location up to local, state and federal codes and for making improvements to the building that make it comparable to the building acquired by Redevelopment. The maximum payment will be $15,000, must be used for code items first, and will only be available for replacement buildings within the City of South Bend. It will be the responsibility of the owner to see that the building meets all code requirements for occupancy. The following procedures will be used in determining the amount of payment: 1. Displaced business selects replacement building and Department of Redevelopment has it inspected by Neighborhood Code Enforcement. 2. All'code violations are brought to the ON attention of the displaced business. 3. Displaced business obtains a minimum of two proposals for necessary repair work. 4. Department of Redevelopment provides written authorization to displaced business to enter into contract with contractor submitting the lowest proposal. This contract shall specify a time period for completion of all work - not to exceed sixty (60) days. 5. Amount of contract is used in determining the amount of payment. 6. Work is done by contractor. 7. Inspection is made by Neighborhood Code Enforcement Office to assure Department of Redevelopment that work has been completed to code requirements. 8. Payment is made to displaced business by joint check with contractor. -5- 5 -10 -85 1 C. Moving Expenses 85496 1. Payment for actual moving expenses - Residential a. Eligible Expenditures. A person displaced from a dwelling is entitled to a relocation payment for actual reasonable moving and related expenses including the cost of: (1) Transporting the displaced person and personal property from the acquired site to a replacement site. Transportation costs beyond the first 50 miles from the site from which displacement occurred are not eligible except when the local agency determines that a move of longer distance is justified and reasonable. (2) Packing, crating, unpacking and uncrating the personal property. (3) Storage of the personal property, as the Department of Redevelopment determines to be necessary. (Generally, the period of needed storage will not exceed 12 months.) (4) Utility deposits, except telephone, if the eligible person is receiving a moving payment for actual moving expenses. (Utility deposits may not be included if the eligible person is receiving a fixed moving payment). (5) Insurance of personal property in connection with the move and any necessary storage as determined by the Department of Redevelopment. (6) Disconnecting, dismantling, removing, reassembling, reconnecting, and installing relocated household appliances and other personal property. (7) Other moving - related expenditures that the Department of Redevelopment determines are reasonable and necessary. b. Ineligible Expenditures. A relocation payment for actual reasonable moving expenses may not include the cost of: (1) Additional expenses incurred because of -6- 5 -10 -85 8509691 (2) Moving structures, improvements, or other real property in which the displaced person reserved ownership. (3) Interest on loans to`,cover moving expenses. (4) Personal injury. (5) Searching for a replacement dwelling. (6) Actual direct loss of property. 2. Payment for actual moving expenses - Non- Residential a. Eligible Expenditures. A displaced business, farm operation or non - profit organization is entitled to payment for actual reasonable moving and related costs including the cost of: (1) Transportation of personal property from the acquired site to the replacement site. Transportation costs for a distance beyond 50 miles are not r✓ eligible, unless the Department of Redevelopment determines that relocation beyond 50 miles is justified; (2) Packing, crating, unpacking, and uncrating the personal property; (3) Disconnecting, dismantling, removing, reassembling and installing relocated and substitute machinery, equipment, and other personal property. This includes connection to utilities available nearby and modifications necessary to adapt such property to the replacement structure or to the utilities or to adapt the utilities to the personal property; (4) Storage of the personal property, as the Department of Redevelopment determines to be necessary. (Generally, the period of needed storage will not exceed 12 months); (5) Insurance of personal property in. connection with the move and necessary storage; -7- 5 -10 -85 C C, 5519691 _ (6) Any license, permit or certification required by the displaced person, to the extent such cost is (i) necessary to its reestablishment at the replacement location and (ii) does not exceed either the costs for one year or for the remaining useful life of the existing .license, permit, or certification, whichever is less; (7) Professional services, including architect's, attorney's and engineer's fees, and consultant's charges, necessary for (i) planning the move of the personal property, or (ii) moving the personal property, or iii) installing the relocated personal property at the replacement location; (8) Relettering signs and printing replacement stationery made obsolete as a result of the move; (9) Actual direct loss of tangible personal propery as described at 24CFR 42.307; (10) Purchase of substitute personal property as described at 24CFR 42.309; (11) Searching for a replacement location as described at 24CFR 42.311; and (12) Other moving - related expenses that are not listed as ineligible under 24CFR 42.313, as the Department of Redevelopment determines to be reasonable and necessary. b. Ineligible Expenditures. A displaced business is not entitled to payment for: (1) The cost of moving any structure or other real property improvement in which the displaced person reserved ownership. (2) Interest on a loan to cover moving expenses; or (3) Loss of goodwill; or (4) Loss of profits; or (5) Loss of trained employees; or 5 -10 -85 Y 85o9( ;91 (6) Physical changes at replacement location of business, farm or non - profit organization; or (7) Any additional expense of a business, farm, or non - profit organization incurred because of operating in a new location; or (8) Personal inquiry; or (9) Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the Department of Redevelopment or HUD; or (10) Expenses for searching for a replacement business. 3. Fixed payment for Moving - Residential. In lieu of actual moving expenses a fixed payment may be made. a. Amount. A displaced person who elects to receive a fixed payment instead of actual moving expenses shall be paid a $200 dislocat -ion allowance plus an amount not to exceed $300 to be determined in accordance with a schedule approved by the Federal Highway Administration (FHWA). The Department shall determine the amount of the claimants moving expense allowance by using the FHWA approved schedule for Indiana regardless of where the claimant relocates. b. Criteria. The fixed moving expense payment shall be based on the number of rooms of furniture to be moved and the amount shown on the schedule for that number of rooms. The actual cost of the claimants move shall not be taken into consideration in computing the amount of the fixed moving expense payment, nor whether the person moved himself ( "self- move ") or hired a commercial mover. A displaced person who elects to receive a fixed payment is not required to submit documentation in support of their moving claim. -9- 5 -10 -85 8509691- 4• Fixed Payment for Movin - Non - Residential a. The fixed payment and related expenses of a displaced business or farm operation that meets the applicable requirements, is an amount equal to the business or farm operation's average annual net earnings. Payment shall not be less than $2,500 nor more than $10,000. A non - profit organization is entitled to a payment of $2,500. 3/b -10- 5 -10 -85 F- , S ' j� SOUTH BEND CENTRAL DEVELOPMENT AREA Development Plan South Bend, Indiana -_zl--- s5o -9691 SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN SOUTH BEND, INDIANA TABLE OF CONTENTS Page INTRODUCTION 1 I. HISTORY 2 II. DESCRIPTION OF PROJECT 6 A. Purpose 6 B. Boundaries of the South Bend Central 7 Development Area C. Development Plan Goals 8 D. Development Plan Objectives 9 E. Types of Proposed Redevelopment Activities 11 III. LAND USE 13 A. Designation of Sub -Areas 13 B. Development Controls 14 C. Parking 15 D. Transportation 15 E. Public Improvements 16 IV. DESIGN REVIEW COMMITTEE 17 A. Establishment of Committee 17 B. Terms 17 C. Rules 17 D. Powers and Duties 17 E. Design Guidelines 17 F. Permits 18 G. Review 18 H. Amendments to Disapproved Plan 18 I. Signs 18 J. Existing Design Review Committee 18 K. Existing Design Review Guidelines 18 V. PROJECT PROPOSALS 19 A. Land Acquisition 19 B. Property Rehabilitation 19 C. Developer's Obligations 19 D. List of Property to be Acquired 21 VI. STATUTORY AUTHORITY 23 VII. PROCEDURE FOR AMENDMENT OF THE APPROVED DEVELOPMENT PLAN VIII. MAPS A. South Bend Central Development Area B. Former Redevelopment Areas & Expansion Areas C. Land Use Sub -Areas D. Tax Allocation Area E. Property to be Acquired 23 24 24 25 26 27 28 ' s5 o9(;9.1 ' INTRODUCTION Since 1968 three areas near the center of South Bend have been declared to be redevelopment areas by the South Bend Redevelopment Commission. These three areas - the Central Downtown Urban Renewal ' Area, the East Bank Development Area and the Monroe Sample Development Area - were each found to be blighted areas and plans were adopted to eliminate that blight and bring about new growth and ' redevelopment. The Central Downtown Urban Renewal Area was the first to be declared, in 1968, followed by the East Bank Development Area in 1980 and the Monroe Sample Development Area in 1981. Each area had its own individuality in terms of land use, zoning, public improvements and plans for revitalization and redevelopment. Over the years, however, it became increasingly clear that the three areas were related to each other. Redevelopment activities in one area had a direct relationship on redevelopment activities in the other areas. Each of these three t areas has unique characteristics which impact the other areas and it was recognized that redevelopment activities had to be coordinated in order to get the maximum redevelopment benefit. or example, an increase in the number of residential units in the East Bank and ' Monroe Sample areas will help strengthen the downtown office market by providing additional housing within walking distance of the downtown. Conversely, an increase in office workers in the downtown ' will improve the marketability of housing in the East Bank. Additional residential units in the East Bank and Monroe Sample areas will help support the retail businesses in the downtown while ' a stronger retail core in the downtown will improve the marketability of housing in these neighborhoods. Also, the recreational opportunities in the East Bank will support the convention and tourism facilities in the downtown. The interrelationship among the three areas has caused the Redevelopment Commission to reexamine its plans for each of the areas and to merge the areas into a single area for planning and redevelopment purposes. This merged area will become part of a larger area to be known as the South Bend Central Development Area (Area). As part of the reexamination of the three previously declared areas it was determined that certain land, not included in the original redevelopment areas, is directly tied into the redevelopment efforts taking place in those areas. Therefore the Area includes that additional land as well. Although the plan that follows relates to the Area as a whole, attention will be given to three units within the Area. The area east of the river will be referred to as the East Bank, the area east of Michigan Street and South of Monroe Street will be referred to as Monroe Park and the remainder of the Area will be referred to as the Central Business District. Each of these sub -areas has its B own land -use, and proper development of the sub -areas will be critical to successful redevelopment of the Area as a whole. -1- 5 -10 -85 I. HISTORY 8509691 Central Business District The Central Business District, or downtown, is the primary identity of the South Bend community. The image which the downtown has conveyed over the years has been directly related to the underlying economic, cultural and social foundations by which it is supported. The past twenty -five years in the history of South Bend have witnessed numerous changes in the identity of this area. The strong industrial base concentrated within the inner city accounted for 59% of the work force in 1953 and today accounts for only 27% of the work force. During this same period South Bend's population declined from 133,000 in 1960 to 108,000 in 1982, while the population of St. Joseph County increased by 3,000. Siezing the opportunities created by a growing suburban population and abundant developable land, retailing efforts shifted towards these new markets. Faced by the severe competition of the growing suburban shopping malls, the downtown's position as the primary retail district diminished rapidly. Immediate reaction by the downtown community was to attempt to compete head on with the new outlying retail districts. The creation of a pedestrian mall, rerouting of traffic around the core area, further restriction of internal circulation and the concept of a new enclosed mall within the downtown itself all began to have an effect on the new image of downtown. In preparation for these efforts, numerous parcels of land were cleared and assembled and remaining buildings were obscured by public improvements or covered up by facade treatments which were irrelevant to the original architecture. The downtown fabric became sparse, less accessible and lacked a cohesive identity. Even with major private and public efforts the downtown was unsuccessful in rebuilding its retail market position. The physical evidence of all these factors constitutes continuing blight and obsolescence. However accurate these terms might be in describing downtown, the future potential of downtown South Bend is anything but bleak. A new identity is emerging based on new and strong foundations. The Central Business District has made significant progress in strengthening its position as the financial, professional, service, cultural and entertainment center of the Michiana region. Community recognition and support of the underlying strengths and inherent advantages of the downtown area has permitted effective long range planning and positive efforts towards revitalization. The important relationship of inner -city neighborhoods to a healthy downtown has been recognized, and concentrated efforts to strengthen residential aspects of the inner -city have met with success, as evidenced by the Near Northwest, Park Avenue, West Washington, Near Northeast, and Edgewater neighborhoods. The East Bank and Monroe Park areas offer new potentials for residential development close to the downtown. -2- 5 -10 -85 s5o9691 The St. Joseph River, which was a major influence in the early development of South Bend due to its transportation and industrial uses, remains as a key element in current and future development of the downtown. Today, the visual, recreational and residential amenities provided by the river are stressed in development planning. A series of riverfront parks has been developed and new construction along the river has taken place, from Century Center to the office buildings in River Glen Office Park and the Karl King apartment building. The presence of historic buildings is another asset of the downtown. Fifty -seven historic sites and structures are contained within the downtown area. Recently a Multiple Resource District nomination to the National Register of Historic Places was organized to encourage the renovation and use of these buildings. This designation would provide tax incentives to building owners who renovate their buildings according to historic preservation guidelines. The convention and tourist trade has taken an important position in the identity of downtown. The development of Century Center, the Marriott Hotel and the Americana Inn has supported a growing convention and tourism industry that has brought more than 115,000 people annually into South Bend with the potential for further growth. Downtown has broadened its efforts to maintain and build on its position as the cultural and entertainment center of the region. The Morris Civic Auditorium, Century Center, Discovery Hall, Studebaker Museum, Northern Indiana Historical Museum, South Bend Public Library, and the Art Center provide a rich diversification of cultural activities. Numerous other facilities add to the entertainment and recreational offerings of the downtown. These include the unique East Race Waterway which provides kayaking and other water sports, Island Park, Howard Park and a variety of restaurants and nightclubs including the restored 1886 Studebaker Mansion, Tippecanoe Place. Downtown is also the center of activity for the numerous local, state and federal government functions. The County -City Building and the St. Joseph County Courthouse create an impetus for a variety of related activities which occur in the downtown. Also, a solid and steady increase of occupied office space in the downtown over recent years has indicated new market potentials created by a significant population of downtown workers. These are the new foundations that provoke the South Bend community to renew its efforts towards revitalization of the downtown. A strong collaboration of public and private interest is essential to the development of an effective comprehensive plan and productive implementation strategies. -3- 5 -10 -85 ti East Bank 5510,9691 The East Bank is located across the St. Joseph River from the Central Business District. This area played an important role in the industrial development of South Bend because of the presence of the East Race of the St. Joseph River. Originally constructed in the 1840's, the East Race provided hydraulic power to local industries such as the Singer Corporation and the A. C. Staley Manufacturing Corporation. Over the years, however, other sources of power became available, technological advances made the older industrial buildings obsolete, and industry moved to outlying locations leaving behind older, multi -story factory buildings. Eventually the East Race was filled in during the 1950's and 1960's. The memory of the race did not fade with its destruction. City residents, community groups, business leaders and public officials began to investigate ways of reopening the race to provide recreational opportunities. At the same time, city planners were looking for ways to bring about new investment in the East Bank and reuse of vacant industrial buildings. The concept of reopening the race was formally proposed in the "St. Joseph River Corridor Study" prepared by Lawson Associates in 1973. In that study recommendations were made to improve the riverfront throughout the central area of South Bend, providing parks and pedestrian walkways along the river's edge. At that time, the study suggested a re -use of existing structures in a residential community with a mix of businesses and offices connected by a system of pedestrian paths. With the reopening of the East Race Waterway in 1984 as a recreational facility there has been renewed interest in the East Bank. Private reinvestment in several older buildings has already occurred, and there is growing interest in new residential development on land previously acquired by the Redevelopment Commission. The unique characteristics of the East Bank - its proximity to downtown and the presence of the East Race Waterway - provide the City with two strong elements in its efforts to stimulate the desired private reinvestment in the area. Monroe Park Monroe Park has a different background than the Central Business District or East Bank. In the early history of South Bend, Monroe Park was a farming area on the outskirts of the town. By ' 1859 most of the neighborhood was annexed with the exception of St. Joseph and Carroll Streets. This area, known as Taylor's Field, was developed as an upper middle income neighborhood after 1874. The ' balance of the area was devoted to workmen's housing for the nearby Birdsell Farm Equipment and Studebaker Wagon factories, and was largely completed early in the twentieth century. 1 -4- 5 -10 -85 1 C 1 1 1 1 1 it �1 S -1 , 56 �9691- The Monroe Park neighborhood began to decline during the 1950's and this decline accelerated during the 1960's and 1970's. This period was marked by a loss in population, a loss in the number of housing units and an increase in the number of non - residential uses occurring in the neighborhood. In 1981 the area was declared a redevelopment area and a number of activities were begun to clearly identify residential, industrial and commercial portions of Monroe Park. Since that time the Monroe Industrial Park has been largely completed. This industrial park is comprised of several light industrial businesses. At the same time housing programs in the residential area have been undertaken in order to strengthen that portion of the neighborhood. This has included moving five residential structures into the neighborhood to fill in vacant lots. Projects in both the residential and industrial portions of Monroe Park have been designed to insure compatibility between the two components of the neighborhood. Future efforts in Monroe Park will concentrate on strengthening the residential neighborhood, through rehabilitation of existing houses and construction of new residential units. Monroe Park contains two of the major entrances to the Central Business District, Lincolnway East and South Michigan Street, and these will be improved. A healthy residential neighborhood and light industrial park will support the Central Business District and lead to the strengthening of the entire Area. 1 -5- 5 -10 -85 J 1 II. DESCRIPTION OF PROJECT A. Purpose s 5' .,9691 For fifteen years the City of South Bend, Indiana has undertaken an aggressive, innovative, affirmative and on -going economic revitalization and physical redevelopment program for its inner -city areas. At times this effort has consisted of separate public and private actions; and,at times the effort has been a private - public partnership. The South Bend Central Development Area represents the next logical action in this continuing community revitalization effort. The revitalization of the inner -city requires a combination of redevelopment and rehabilitation strategies. In those areas of the inner -city where blight, deterioration, and obsolescence can be reversed by rehabilitation, the City has developed and implemented an area revitalization program that combines systematic and aggressive code enforcement with housing rehabilitation programs, small scale public works improvements, and maintenance programs. However, not all areas of the inner -city will respond positively to this combination of resources and programs. Since 1968 three contiguous areas within the core of the inner -city have been declared separate redevelopment project areas. These three areas are the Central Downtown Urban Renewal Area, the East Bank Development Area, and the Monroe - Sample Development Area. Though each of the three areas was approached as a separate and distinct project, all three areas were interrelated both functionally and economically. Changes in traffic patterns in one area affected traffic patterns in the other two areas. Development or redevelopment of land within one area affected the real estate market in the other two areas. The redevelopment goals established for one area could positively or negatively affect the achievement of goals in the other two areas. Though each area retained certain distinct characteristics, it was recognized early in 1984 that it would be impossible to optimally develop and redevelop each area without an integrated and comprehensive revitalization strategy, plan, and implementation program. It was decided that it was critical that the three areas be merged and expanded to include contiguous areas critical to the optimum development of the merged areas. The expansion and merger of the three project areas has resulted in the creation of the South Bend Central Development Area. The interrelated aspect of the three areas is explicitly recognized and articulated through a comprehensive plan and program encompassing all the major elements in the central core of South Bend's inner city: primary office space, retail, governmental and cultural facilities, visitor facilities (such as convention and conference centers, hotels, and recreational - entertainment facilities), residential, specialized light industrial, warehousing /distribution uses, secondary office space, transportation, and urban open space and the St. Joseph River. -6- 5 -10 -85 �J L_l 85ogG91 The purpose and intent of the expansion, merger and concomitant plan is to develop a positive synergism within the South Bend ' Central Development Area by ensuring that all three sub areas work together. The aim is to complement, not compete. The land uses, circulation systems, public facilities, urban design, public improvements and market strategies contained in each separate development plan have been assessed, revised, and brought together into one integrated and comprehensive development area, plan and implementation program. B. Boundaries of the South Bend Central Development Area A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the point of intersection of the South right -of -way line of Sample Street with the West right -of -way line of Michigan Street; thence North along said West right -of -way line of Michigan Street to its intersection with the Northerly line of the Conrail Railroad (formerly Penn Central) right -of -way; thence Northwesterly along said Northerly Railroad right -of -way line to its intersection with the Southerly projection of the West right -of -way line of Taylor Street; thence North along said West right -of -way line to its intersection with the Westerly projection of the North right -of -way line of Monroe Street; thence East along said projection and the North right -of -way line of said Monroe Street to its intersection with the Southerly projection of the centerline of the first 14 foot alley lying West of Lafayette Boulevard; thence North along said projection and the centerline of said 14 foot alley to the South right -of -way line of Washington Street; thence West along said South right -of -way line to the East right -of -way line of William Street; thence North along said East right -of -way line to the North right -of -way line of Colfax Avenue; then East along said North right -of -way line to the centerline of the first 14 foot alley lying West of Lafayette Boulevard; thence North along said centerline, in certain places being sometimes known as St. James Court, to the North right -of -way line of LaSalle Street; thence East along said North right -of -way line to the West right -of -way line of Michigan Street; thence North along said West right -of -way line to the Westerly projection of the North line of Lot 111 in the Original Plat to the Town, now City of South Bend; thence East along said projection, the North line of said Lot 111 and its Easterly projection to the centerline of the St. Joseph River; thence meandering Northeasterly and Northwesterly along said centerline to the Westerly projection of the South right -of -way line of Corby Street; thence East along said projection and the South right -of -way line of said Corby Street to the centerline of the first 14 foot alley lying West of Hill Street; thence South along said centerline to the North right -of -way line of Crescent Avenue; thence Southeasterly to the point of intersection of the South right -of -way line of said Crescent Avenue with the centerline of the first 14 foot alley lying West of said Hill Street; thence Southeasterly, Southwesterly and South along the centerline of said -7- 5 -10 -85 85ogG91 alley to the centerline of the first 14 foot alley lying North of Cedar Street; thence East along said centerline to the centerline of the first 14 foot alley lying East of Hill Street; thence South along said centerline to the South right -of -way line of Jefferson Boulevard; thence West along said South right -of -way line to the centerline of the St. Joseph River; thence Southeasterly along said centerline to the Easterly projection of the Southerly right -of -way line of Monroe Street; thence Southwesterly along said projection and the Southerly right -of -way line of Monroe Street to the Easterly right -of -way line of Lincolnway East (U.S. Highway #33); thence Southeasterly along said Easterly right -of -way line to the South right -of -way line of Sample Street; thence West along said South right -of -way line to the place of beginning. C. Development Plan Goals The overall goal for the Area is to achieve the economic revitalization and physical redevelopment of the Area as an attractive, exciting, unique and viable urban center for people, businesses, and institutions. Related to this goal are various sub - goals: 1. To make the Area a multi -use regional center for North Central Indiana and South Central Michigan for business and consumer services, specialty retail, governmental and medical services, cultural, entertainment, recreational, and convention uses. 2. To strengthen the residential component of the Area by increasing the number and type of middle income housing units. 3. To increase the level of private investment and reinvestment in the Area. 4. To increase both the personal and real property tax base within the Area. 5. To retain and increase jobs within the Area by retaining and attracting both consumer service, business service and light industrial uses. 6. To increase the functions and facilities within the Area to make it an attractive and competitive area for living, working, and recreation. 7. To enhance and strengthen the various linkages between the Central Business District, East Bank and Monroe Park. 8. To create the physical and organizational environment that will facilitate and enhance the phase -in of private resources and the phase -out of extraordinary public investment. 9. To make the old and new buildings, facilities, and public improvements work together to enhance the uniqueness and attractiveness of the Area. -8- 5 -10 -85 10. To create an overall environmental quality that recognizes the pervasive use and influence of the automobile on the Area but at the same time provides pedestrians with a safe, accessible, and attractive circulation system. 11. To coordinate the economic revitalization and physical redevelopment of the Area with the major programs being implemented on commercial corridors such as Western Avenue and Lincoln Way West. 12. To increase the use of the parks and walkways along the St. Joseph River and the East Race Waterway for both passive and active recreation. 13. To encourage a balanced transportation system that provides for and accommodates various forms of transportation .� including automobile, bus and pedestrian traffic. 14. To maintain a consistently high level of quality in design and materials for new construction, renovation projects, public space, landscaping, lighting and signage. 15. To create and maintain a strong private /public organizational framework in which to establish project plans and implementation strategies. D. Development Plan Objectives 1. Central Business District a. To facilitate and promote new retail, commercial and mixed -use development of vacant or underutilized land, both publicly and privately owned, consistent with the goals for the Area. b. To facilitate and promote the increased use of existing vacant or underutilized buildings through a comprehensive and systematic combination of facade design, public improvements, financial and tax incentives, parking and other related programs. ' C. To identify and define a core activity area and focus planning, programs, development, implementation strategies and private and public resources to create a critical development mass. d. To improve the physical connection for pedestrians and increase the movement of foot traffic between the Central Business District and the East Bank. e. To create a simpler vehicular circulation system for internal traffic patterns which allows for greater accessibility and visibility of destination points. f. To minimize the conflict between pedestrians and vehicles within the high density development area (Area A) of the Central Business District. 1 -9- 5 -10 -85 S5()g(;91- g. To maximize the use of existing public.and private parking garages and to provide a more unified system of attractive surface parking lots and simplified on-street parking. h. To encourage and support the development of mixed-use projects and buildings that include appropriate public space and internal parking. i. To develop a system of interior connections, covered pedestrian ways, and skywalks through private and public actions. j. To facilitate and encourage the preservation and use of historically or architecturally significant buildings. k. To encourage, facilitate, and develop a lender commitment program for Central Business District business attraction, facade renovation, building rehabilitation, and new construction. 2. East Bank a. To create a high quality, residential neighborhood with compatible commercial uses through a combination of high density and medium density residential projects. b. To encourage projects that complement developments and activities in the Central Business District and Monroe Park. C. To develop additional recreational and entertainment facilities and uses that will enhance the passive and active recreational usage within the East Bank and provide year-round sources of activity. d. To provide adequate private and public parking that is accessible, attractive and complementary to the East Race Waterway, the St. Joseph River and adjacent parks. e. To provide a comfortable transition from a dense Central Business District into adjacent neighborhoods to the north and east. f. To stimulate the adaptive reuse of existing compatible structures in a way that is consistent with the goals and objectives of this Plan. g. To maximize the use of the East Race Waterway and minimize the potential conflict between public use of the East Race Waterway and private development of surrounding properties. h. To establish a strong regional identity for the East Bank and a national identity for the East Race Waterway. I_10- 5-10-85 1 r - -og( 1 i. To encourage the extension of the riverbank trail system throughout the East Bank and into the vicinity of the University of Notre Dame and St. Mary's College. j. To create a pedestrian oriented environment within the East Bank and strengthen the pedestrian connection with the Central Business District. k. To stimulate the private acquisition, conversion or reuse of existing non - compatible buildings and uses within the East Bank. 1. To coordinate future development and activities within the Howard Park area with the development and activities in the East Bank. 3. Monroe Park a. To create a new, positive identity for the Monroe Park neighborhood. b. To develop an attractive and economically viable entrance to the Central Business District on both South Michigan Street and Lincolnway East /Monroe Street. C. To improve the physical environment of the neighborhood through clean -up of vacant lots, removal of dead trees and brush, and public improvements to streets, curbs, sidewalks and lighting. d. To expand the supply of housing for low and moderate income individuals by rehabilitation of existing houses. e. To strengthen the residential neighborhood by filling in vacant lots - either through new construction of single - family and multi - family units or through house moves. f. To protect the residential neighborhood by discouraging truck traffic through the area north of Bronson Street. rg. To establish and maintain an enhanced landscaped edge along and between the residential neighborhood and the industrial park. h. To develop and maintain a high quality light industrial park. i. To stimulate the conversion of houses from non - residential to residential use. E. Types of Proposed Redevelopment Activities Realization of the goals and objectives for the Area will be accomplished by a combination of public and private actions. 'i -11- 5 -10 -85 �5�.�9691 These actions include, but are not limited to, the following: property acquisition, relocation, clearance, vacation and dedication of public right -of -way, provision for public facilities and improvements, or any other activity pertaining to planning and implementing this development plan. -12- 5 -10 -85 1 III. LAND USEC5096'91 A. Designation of Sub -Areas 1. Central Business District a. Area A: This area forms the principal service commercial, retail commercial and public core of the Central Business District. The basic objective to be realized in this area is high density development. Parking needs for this area shall be met within the context of an overall municipal parking plan. This area will contain the greatest concentration of public improvements and will adequately meet the requirements of pedestrian circulation. Vehicular circulation patterns shall be designed in such a manner as to maximize accessibility and visibility of destination points. Residential uses which conform to local ordinance and code regulations will also be permitted. b. Area B: This area shall retain its present basic function as a secondary service commercial and retail commercial area. Less emphasis shall be placed on high density development within this area. Parks and recreational uses will be permitted within this area. Parking requirements shall be met by on -site parking provisions as required by local ordinance and by on- street parking. c. Area C: This area shall retain its present function of providing a cultural /convention center for the community. The balance of this area shall be retained for use as public parks, river walkways and recreational amenities. Parking facilities to serve the needs of the cultural /convention center will be provided to a limited degree within the area itself. Such parking will meet the short term needs of the public. Longer term parking facilities to serve the area will be provided within the context of the overall parking plan for the downtown core area. Pedestrian circulation patterns within the area shall be developed in such a manner to enhance the relationship of the cultural /convention center to the downtown core area and to the East Bank. d. Area D: This area shall retain its function as a lower density office park development. Parking requirements in this area shall be met on -site. Considerable land area shall be devoted to open and landscaped spaces. Public walkways and recreational amenities shall be maintained along the river frontage of this area, as well as a pedestrian bridge connecting this area to the recreational development on the eastern side of the St. Joseph River. Additionally, the southeastern portion of this area shall maintain its function as the regional postal facility along with public, pedestrian and parking amenities. e. Area E: This area is comprised of three similarly functioning sub - areas. These areas shall be devoted to high density residential use and related commercial facilities. Parking for these areas shall be provided on -site. -13- 5 -10 -85 2 . East Bank '4JE 1,9691 a. Area F: Residential. The highest priority in this area shall be on multi - family residential. b. Area G: Commercial and Mixed Use. The highest priority in this area shall be on commercial and mixed residential /commercial uses. C. Area H: Redevelopment Owned Park Land. This area is currently being used as park land. Any other use of this land must be approved by the Redevelopment Commission. 3. Monroe Park a. Area I: This area serves as the residential portion of Monroe Park. This residential area is to be strengthened through housing rehabilitation and new construction that is compatible with the existing character of housing in the neighborhood. b. Area J: This area is designated for industrial use. C. Area K: This area is designated for commerical use. B. Development Controls The controls and regulations for the Area are designed to provide for development that is consistent with Plan goals and objectives. 1. Plans and specifications for all projects located within the Area shall be subject to review and approval of the Design Review Committee. 2. The controls in this Plan are in addition to and do not affect any and all basic requirements of applicable statutes, codes and ordinances as amended from time to time. These include, but are not limited to, zoning, height and area, signage, and parking requirements. 3. Whenever feasible, utility lines shall be placed underground. 4. Existing uses in the Area which do not conform to this Development Plan, may continue unless the Redevelopment Commission acquires the property through its regular acquisition procedures. 5. The Redevelopment Commission may adopt detailed project plans for all or portions of the Area. 6. In order to accomplish the goals and objectives of this Plan, considerable study will be given to current zoning in the Area. The Redevelopment Commission may be recommending changes in zoning to the Area Plan Commission of St. Joseph County and the South Bend Common Council. -14- 5 -10 -85 C. Parking 509691 J 1. All uses within the Area, with the exception of uses found within the Exempted Central Business District Area as designated in the "Book of Maps" and in Section 21 -104 of the Municipal Code of the City of South Bend, shall provide accessory off - street parking facilities as required by local ordinance. 2. In order to prevent undue traffic congestion in high density areas of the Central Business District and to promote orderly and efficient circulation of pedestrians and vehicles, it is necessary and reasonable that off - street parking facilities be ' provided in such areas only in conformity with an overall, coordinated parking plan. To secure this objective, no accessory off - street parking facilities shall be required for any use in the Exempted Central Business Core Area as shown upon a certain map in the "Book of Maps" and in Section 21 -104 of the Municipal Code of the City of South Bend. 3. The construction of parking structures in the Central Business District and the East Bank is recommended. 4. Multiple standards are recommended for parking spaces to accommodate compact as well as full size automobiles and to encourage shared uses of parking areas and facilities. 5. Off - street parking areas shall be suitably paved, drained, lighted and landscaped as per adopted Design Guidelines. 6. In the East Bank, careful attention shall be given to the location of surface parking lots. It is recommended that no surface parking lot be located adjacent to the East Race Waterway or the St. Joseph River. 7. The Redevelopment Commission will work with the Area Plan Commission of St. Joseph County to study current parking requirements and may make recommendations to change these requirements to reflect current parking and planning needs for different types of uses within the Area. D. Transportation 1. Central Business District. The basic objective of the transportation plan will be the provision of a vehicular circulation system that will facilitate the free and safe flow of traffic into, through and around the Central Business District. Regional traffic patterns are to remain essentially unchanged. Internal traffic patterns are to be simplified with the goal toward accessibility and visibility of destination points. 2. East Bank. The basic objective of the transportation plan is to minimize the impact of the automobile on the East Race Waterway and to limit arterial traffic. The arterial streets of LaSalle Street, Colfax Avenue, Jefferson Boulevard, and Hill Street I will remain as such. Arterial traffic on Niles Avenue will be -15- 5 -10 -85 F discouraged. TRANSPO bus routes are encouraged to remain and it is recommended that bus shelters be placed in strategic locations. As the area develops, bus routes should be revised accordingly. 1 3. Monroe Park. In order to protect the integrity of the residential neighborhood, truck access to the industrial park will be from Sample to Fellows on the South and Lincolnway East to Marietta on the East. E. Public Improvements Public improvements in the Area may include, but are not limited to, street and streetscape improvements, pedestrian walkways, skywalks, public facilities, lighting, relocation of certain public rights -of -way, relocation of certain utilities and the construction of public parking facilities. -16- 5 -10 -85 IV. DESIGN REVIEW COMMITTEE 5509691 In order to achieve high quality design and insure a feeling of continuity throughout the Area, a Design Review Committee (Committee) is hereby established. Nothing herein shall give the Committee authority over any building, zoning or other code requirements of federal, state or local law. A. Establishment of Committee A Design Review Committee of eight (8) members shall be established. Members shall be the Executive Director of the ' Department of Economic Development, the City Engineer, the Director of the Area Plan Commission of St. Joseph County, the City Building Commissioner, one at -large member appointed by the Redevelopment Commission, and three persons appointed by the Commission, one each representing the Central Business District, the East Bank and Monroe Park. The Executive Director of the Department of Economic Development shall serve as chairman of the Committee. Five (5) members of the Committee will constitute a quorum. B. Terms tMembers of this Committee shall serve without pay for two year terms. Appointed members shall serve at the pleasure of the Commission. Vacancies occurring through death, resignation or other causes shall be filled for the unexpired term in the same manner as the original appointments. C. Rules The Committee shall adopt such rules and procedures as are necessary to conduct its business, including the dates and times of meetings and hearings. D. Powers and Duties The Committee shall function in an advisory capacity to the Redevelopment Commission. It shall review the plans and i specifications for all projects located within the Area that involve new construction, exterior renovation or site work. This review will include design, site planning, open space and other applicable considerations pertaining to compliance with the standards set forth in the South Bend Central Development Area Design Guidelines. In exercising these duties the Committee shall follow the procedures and act within the limitations established in this section. E. Design Guidelines The Redevelopment Commission shall, by Resolution, adopt Design Guidelines for use by developers on all projects within the Area. The Design Review Committee will base their approval of plans on how well the proposals have followed these guidelines. The Design Guidelines may be reviewed and revised as necessary by Redevelopment Commission action. -17- 5 -10 -85 �1 IF. Permits 'S509691 No permit shall be issued for construction, reconstruction, alteration, or rehabilitation of any building in the Area until the plans and specifications for the building have been approved by the Design Review Committee. G. Review All proposals filed with the Design Review Committee for review and approval shall be accompanied by architectural plans and /or engineering drawings and specifications for the work involved. Such plans shall be reviewed for compliance with the standards and objectives of the Plan and Design Guidelines. Upon receipt of the plans the staff of the Department of Economic Development will review them, prepare a staff report, and schedule a meeting of the Committee with the developer, generally within two weeks from receipt of the plans. At this meeting the Committee will review plans and the staff report with the developer and either approve the plans as submitted, ask for additional information, approve the plans as modified, or reject the plans. The developer will be notified in writing of modifications in plans or specifications that are necessary to receive approval. Approval by the Committee does not constitute approval of any federal, state or local building, zoning or other requirements but is solely pertaining to the Design Guidelines over which the Committee has advisory jurisdiction for the Commission. The Committee shall have the right to waive the review process for any project. H. Amendments to Disapproved Plan Within thirty days after disapproval of a development plan, the developer may file with the Committee an amendment to such plan or an amended plan which shall be limited exclusively to changes made necessary to meet the modifications requested by the ' Committee. Review procedures for an amended plan shall be the same as for an initial submission. I. Signs All proposals for signs within the Area shall be reviewed by the Committee and evaluated for compliance with the standards established in the Design Guidelines. J. Existing Design Review Committee Upon confirmation of this Plan, the Design Review Committee previously appointed by the Redevelopment Commission shall be dissolved and the Commission shall appoint members to this new Committee. K. Existing Design Review Guidelines Upon confirmation of this Plan, the Design Review Guidelines previously adopted by the Redevelopment Commission will remain in place until new guidelines are adopted. -18- 5 -10 -85 V. PROJECT PROPOSALS A. Land Acquisition 8509691 The Land Acquisition Plan Map (Page 28) and List of Property to be Acquired (Pages 21 - 22) indicate real property to be acquired for redevelopment purposes. The List of Property to be Acquired also sets forth parcel ownership and square footage for such land. After acquisition, the City of South Bend Department of Redevelopment will either: ' 1. Demolish the structure or structures thereon,if any, and dispose of the land for redevelopment at its fair market value, excepting those cases when land is sold or leased to another public body, pursuant to Indiana Code 36- 7- 14 -22, for uses in accordance with the Development Plan; or ' 2. Sell or lease the property to purchaser or lessee at its fair market value, excepting those cases when property is sold or leased to another public body pursuant to Indiana Code 36- 7- 14 -22, for uses in accordance with the Plan subject to its ' being rehabilitated in conformance with the South Bend Central Development Area Design Guidelines. ' B. Property Rehabilitation All properties in the Area shall comply with the standards set forth in all applicable statutes, codes and ordinances, as ' amended from time to time, relating to the use, maintenance, facilities, and occupancy of existing property, including, but not limited to, Chapters 6,8,9, and 21 of the South Bend Municipal Code. ' All properties within the.Area shall be maintained so that the appearance of the premises and all buildings thereon shall ' reflect a level of maintenance in keeping with the standards of the Area and the requirements of the South Bend Municipal Code. C. Developer's Obligations ' The land acquired by the Redevelopment Commission will be disposed of subject to an Agreement between the Commission and the ' Developer. The Developer will be required by the Agreement to observe the land use and building requirements and objectives of this Plan and to carry out all development within an agreed time period. The Agreement and Deed contain other provisions required by ' the Commission and the United States Department of Housing and Urban Development. In addition, the following provisions, plus other appropriate provisions, will be included in the Agreement: 1 -19- 5 -10 -85 s5o9691. 1. An approved plan for the project and a time schedule for start and completion of the project. 2. That the purchase of the land is for the purpose of redevelopment and not for speculation. Purchase contracts will provide that the Developer agree that purchase of the property is for the purpose of redevelopment and not for land speculation. Prior to the completion of the redevelopment project, the Developer may not sell, lease, or otherwise transfer such land (or improvements) without the prior written consent of the South Bend Redevelopment Commission. 3. That the land will be built upon and improved in conformity with the objectives and provisions of the Plan. 4. That the building of improvements will be commenced Iand completed within a specified period of time. 5. That the Developers, their successors or assigns, agree that there will be no discrimination against any person or group of persons on account of race, creed, color, sex, age, transfer, use, occupancy, tenure, or enjoyment of the premises therein conveyed or improvements erected or to be erected thereon, nor will the Developer himself or any person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, or vendees in the premises therein conveyed, or improvements erected or to be erected thereon. I 1 -20- 5 -10 -85 S� X9691 D. List of Property to be Acquired C8 Part of 6 & 7 Robert Baer To be Not to be Block Parcel Robert Williams Acquired Acquired Number Number Owner's Name (Sq. Ft.) (Sq. Ft.). E9 1 (a) ,1 (b) &1(c) Ralph J. & Evelyn M. Andreae 11,080 C4 16 & 17 Frank & Geraldine Toepp 16,335 E9 4 John B. & Ida Toepp & 3,990 E9 8 (a) Corporation of St. Mary's College 16,932 C4 74 Martin E. & Carol Feferman 9,902 C8 Part of 6 & 7 Robert Baer 14,444 C9 2 Robert Williams 18,348 E2 1 & 2 Samuel & Olia Coffman 44,530 E9 1 (a) ,1 (b) &1(c) Ralph J. & Evelyn M. Andreae 11,080 E9 2 George L. Hanmerschmidt Bruce E. & Rosemary D. Hammerschmidt Martha L. Waterhouse Summit & Elizabeth Trust Company 10,940 E9 4 Tony Sergio, Jr. 3,990 E9 8 (a) Wayne & Diana England & Howard P. & Pamela Dosmann 16,932 E9 8 (b) Ellen C. Dosmann 5,478 E9 14 & 15 Dennis R. Bamber 6,600 M2 15 Oliver J. Kushto 4,629 M2 16 Charles L. Stoddard 3,143 M5 1 Stanley F. Lewiecki & Alexander M. Neitch 4,295 M5 9 The Board of Conmissioners of St. Joseph County 4,397 -21- 5 -10 -85 S5()9691 To be Not to be Block Parcel Acquired Acquired Number Number Owner's Name (Sq. Ft.) (Sq. Ft.) M5 10 Victor W. Schultz 4,428 M9 11 Richard L. & James A. Fenters 9,207 M9 13 Richard L. & James A. Fenters 9,212. -22- 5 -10 -85 851%)9691 VI. STATUTORY AUTHORITY The controls, regulations and land use restrictions contained in this Plan are for the specific purpose of implementing the South Bend Central Development Plan pursuant to Indiana Code 36- 7- 14 -1 -et. seq. VII. PROCEDURE FOR AMENDMENT OF THE APPROVED DEVELOPMENT PLAN The South Bend Central Development Plan may be amended by resolution of the South Bend Redevelopment Commission. Any change affecting any property or contractual right can be effectuated only in accordance with applicable state and local law. -23- 5 -10 -85 1 r 1 8509691 Conn, srR 1 E AVE, NO 401 0 �aov O co ■ a: s o °o 00 ■� v �! ■ 00 �oto EmIl qo irq o � � Ala om so 0o S= o� Ewa ,� �°• lama 0 nu g'oo u Q 4- SI OUTH 3E,iD CEINTIKA DEVELOPMENT � AIKE A N i Taw. �+•w 6 Auocor «. l.c >aS � J.M..a !iA • iiY L _ Say1 ln1, HN... �i�01 5 -10 -85 CORS, STREET Expansion Area No. 1 L 4 EAST BANK DEVELOPMENT AREA • CEDAR ST Rr 4 }{ D i R S , Expansion Area No. 4 MADISON ST 9 n Expansion Area No. 2 'cot AR IVC NU 5 R1'I�Eif 11 WASNINOTO ST e�• .y A. �. ROD4E WRp 6 © Jf fRi RS �����• CENTRAL DOWNTOWN •• WAY NE , STSEXT URBAN RENEWAL AREA l ' WE Sr ERR AVENU $ MONROEI• - S3 � � � W •�„ wr � SOU TR STREET A 7 • N \11 NT .,i:, SOVTR' STREET \ 2 0 • N ON L• L , SrR E fl 1. x a � l cw • r F . V Dqp W y • ty ED^0. ENW 6 Auac�aln. IK � • • Z • • � �OHylpjl ?m W Allow 4... SJ• L • • S•1/.w •N. MM• K6d s� � • 1M01'N� �5• Wndl.• _ w•a 9 t MONROE SAMPLE DEVELOPMENT AREA Expansion Area No_ 3 -25- 5 -10 -85 WEB • 0 a � � a 0o v o e. o,r o ,o OWMIE wixa On am Cm N ti o Nil . C xM,* +� OEM AM Mm oclwo CQJQ OO� dOC ocd:cr.. °741.1.11 4 g o�Q!,Qc p�7 aJ ArCa �/ Y CDi O� a 1 X11I� '� DE �• 4J0 �Cl V as V V CDC n.� � VO GYYtLaia m.aar •�.:u l 1 e 1 1 l E 1 1 i �I 5509691 R Y STREET AVE I CEOAR ST Qt e _ 1111101 ST \v L� I LASALLE - AVENUE _ _ �\ �. yiJ� COLFAX AVENUE WASHINGTON STREET \ \ WASHINGTON ST JEFFERSON GOULEVARD a / Jf "C' ON BLVD �I WAYNE TREET ^ I 1 WESTERN — ° ENl1 E_� MONROE• 5lREEi SOUTH soj,. TREET P rr� r crNa.L J �. o �� \'�_ r•�' =� r�""�'� ~yu �.'�i��:•�a f�'I�� lye � RRONSON _ �srei T TW WIM C� ACQUISITION PLAN To be acquired Not to be acquired S JUTH HIND �'INTI A I o .° 1. lnn0. hrrr 3 Aux.me. I.r EU f iN.a d.. -:w. ,. S.F. .6" t 5 -10 -85